These Terms and Conditions of Use (the “Terms of Use”) apply to the website medicdrugstore.com and related websites (the “MDS Site”) owned or operated by Medic Drugstore Pte Ltd (“MDS”). The MDS Site is the property of MDS and its licensors. BY USING THE MDS SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, YOU MAY NOT ACCESS THE MDS SITE. Provided you comply with these Terms of Use, MDS grants you a personal, non-exclusive, non-transferable, revocable, limited license to enter and use the MDS Site. Content All text, graphics, images, video, audio, charts, widgets, user interfaces, visual interfaces, trademarks, logos, software code, and other copyrighted or otherwise proprietary content (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the MDS Site is owned, controlled, or licensed by or to MDS, and is protected by trade dress, copyright, patent and trademark laws, and various other Singapore and international intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use and separate terms provided in connection with specific Content provided through the MDS Site, no part of the MDS Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, publicly performed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any purpose, without MDS’s express prior written consent. You may use information and materials purposely made available by MDS for downloading from the MDS Site, provided that you: (1) do not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to any such information; and (4) do not make any additional representations or warranties relating to such documents. Such information and materials are provided to you on a nonexclusive, personal, nontransferable, revocable, and limited basis only. Medic Drugstore ® and related logos and marks, and other trademarks, service marks, names and logos used on the MDS Site are owned by MDS or its licensors or affiliates. All rights not expressly granted are hereby reserved. Account For applicable MDS Sites, users who are ages 13 and older may choose to register an account (a user who has registered for an account through a MDS Site is a “Registered User”, each such account a “MDS Account”). If you are under 18, you may only become a Registered User with the involvement and consent of a parent or guardian. Depending upon the type of MDS Account for which you are registering, in addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information and other information. When you register for a MDS Account you must (i) provide accurate and truthful information about yourself, including, if applicable, billing information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing a MDS Account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for such MDS Account. You may be requested to abide by additional MDS Account terms of use. Your MDS Account is personal to you. You are responsible for maintaining the confidentiality of your MDS Account and password and for restricting access to your MDS Account, and you agree to accept responsibility for all activities that occur under your MDS Account. MDS reserves the right to refuse service, terminate or disable the MDS Site (or any portion of the MDS Site) or any MDS Accounts, remove or edit Content, or cancel orders in its sole discretion. You must notify MDS immediately of any breach of or unauthorized use of your MDS Account. Purchases; Other Terms and Conditions Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the MDS Site, including payment terms, Content use restrictions or terms, contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. All purchases from the MDS Site are nonreturnable unless stated otherwise. If a purchase from the MDS Site is eligible for return, MDS does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, MDS does not take title to the refunded item. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the MDS Site or for any Content, purchase or service offered on or through the MDS Site, the latter terms shall control with respect to your use of that portion of the MDS Site or the specific Content, purchase or service. MDS’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this MDS Site should be construed to alter such agreements, provide additional warranties, or create additional obligations on the part of MDS. You must input a valid credit card number and expiration date before you will be allowed to purchase any items from the MDS Site, and you do hereby represent and warrant that you are authorized to use the credit card. You do hereby authorize MDS to charge your credit card for all expenses incurred on your MDS Account. If you dispute any charge on your MDS Account, then you must contact MDS within 10 days of your receipt of your statement containing the disputed charge. All denials of a transaction by your bank, all holds, and all other similar issues are your sole responsibility and should be dealt with between you and your bank. MDS takes reasonable steps to ensure that all data transmitted by MDS is done safely and privately; however, despite those steps, MDS cannot guarantee the complete security of all credit card and other data transmitted by MDS or its processor. Please review the DISCLAIMERS and LIMITATION OF LIABILITY sections set forth below, which are applicable to each user’s use of the MDS Site, including the transmission of credit card and other data. MDS may make changes to any Content, products, services or features offered on the MDS Site, or to the applicable prices for any such Content, products, services or features, at any time, without notice. MDS attempts to be as accurate as possible. However, MDS does not warrant that product descriptions or other information about any MDS product or service is complete, reliable, current, or error-free. MDS reserves the right to cancel any transaction up until the time the item is shipped. All items purchased from MDS are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon MDS’s delivery to the carrier. Those items to be shipped to countries outside of Singapore may be subject to taxes, customs duties and fees levied by the destination country (“Import Fees”). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees. Privacy MDS’s Privacy Policy applies to use of this MDS Site, and its terms (current or as they may be amended) are made a part of these Terms of Use by this reference. Additionally, by using the MDS Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the MDS Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. The MDS Privacy Policy may be changed from time to time. Your use of the MDS Site shall subject you to the then-current terms of the Privacy Policy. The MDS Site may use encryption technology to protect information from access by unauthorized third parties. MDS AND ITS RELATED PARTIES PROVIDE NO GUARANTY, REPRESENTATION, OR WARRANTY, WHETHER EXPRESS OR IMPLIED (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), THAT THE ENCRYPTION TECHNOLOGY WILL OPERATE AS INTENDED OR THAT A THIRD PARTY WILL NOT BE ABLE TO ACCESS INFORMATION. If you have any concern about sending any information over the Internet or otherwise communicating with MDS, then you should use an alternative means of submission. By sending information over the Internet in connection with your use of the MDS Site, you agree to indemnify and hold harmless MDS, its officers, directors, employees, contractors, agents, affiliates, and assigns from and against all claims arising out of or relating to any failure of the encryption technology to protect your information. Links to Other Sites This MDS Site may contain links to third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under MDS’s control, and MDS is not responsible for the practices, content, security, privacy policies or practices of the Linked Sites and does not endorse (and cannot censor or edit) the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Your Use of the MDS Site You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the MDS Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the MDS Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the MDS Site. MDS reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the MDS Site, or any other systems or networks connected to the MDS Site or to any MDS server, or to any of the services offered on or through the MDS Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the MDS Site or any network connected to the MDS Site, nor breach the security or authentication measures on the MDS Site or any network connected to the MDS Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the MDS Site, or any other customer of MDS, including any MDS Account not owned by you, to its source, or exploit the MDS Site or any service or information made available or offered by or through the MDS Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the MDS Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the MDS Site or MDS’s systems or networks, or any systems or networks connected to the MDS Site or to MDS. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the MDS Site or any transaction being conducted on the MDS Site, or with any other person’s use of the MDS Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MDS on or through the MDS Site or any service offered on or through the MDS Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the MDS Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MDS or others. All rights not expressly granted to you in these Terms of Use or any other service terms you agree to are reserved and retained by MDS or its licensors, suppliers, rightsholders, or other content providers. The license granted by MDS automatically terminates if you do not comply with these Terms of Use or any other terms of service. Disclaimers MDS DOES NOT PROMISE THAT THE MDS SITE OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE MDS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE MDS SITE WILL PROVIDE SPECIFIC RESULTS. THE MDS SITE AND ITS CONTENTS ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. MDS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE MDS SITE OR ELECTRONIC COMMUNICATIONS SENT FROM MDS WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. MDS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE MDS SITE AND/OR ANY MDS SERVICES. YOU EXPRESSLY AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE MDS SITE OR A MDS ACCOUNT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MDS FOR DISSATISFACTION WITH THE MDS SITE OR ANY CONTENT IS TO STOP USING THE MDS SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. MDS reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the MDS Site, or any portion of the MDS Site or MDS Account, for any reason; (2) to modify or change the MDS Site or any portion of the MDS Site; and (3) to interrupt the operation of the MDS Site, or any portion of the MDS Site or a MDS Account, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Limitation of Liability Except where prohibited by law, in no event will MDS (or its directors, officers, employees, contractors, agents affiliates or assigns) be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if MDS has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, MDS is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the MDS Site or any Content, MDS’s liability shall in no event exceed the greater of (1) the total amount you paid to MDS in the transaction giving rise to your claim, or (2) SGD $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Indemnity You agree to indemnify and hold MDS, its officers, directors, employees, contractors, agents, affiliates and assigns, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against MDS by any third party due to or arising out of or in connection with your use of the MDS Site. This obligation shall survive your use of the MDS Site. Violation of These Terms of Use MDS may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the MDS Site, or to identify, contact or bring legal action against someone who may be causing injury to or interfering with (either intentionally or unintentionally) the MDS Site, Content, MDS’s rights or property, or the rights or property of visitors to or users of the MDS Site, including MDS’s customers. MDS reserves the right at all times to disclose any information that MDS deems necessary to comply with any applicable law, regulation, legal process or governmental request. MDS also may disclose your information when MDS determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that MDS may preserve any transmittal or communication by you with MDS through the MDS Site or any service offered on or through the MDS Site or by other means of communication, and may also disclose such data if required to do so by law or MDS determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of MDS, its directors, officers, employees, contractors, agents, affiliates and assigns, users of or visitors to the MDS Site, and the public. You agree that MDS may, in its sole discretion and without prior notice, terminate and/or block your access to the MDS Site or a MDS Account or terminate or block access to any related websites, products or services, if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the MDS Site, a MDS Account, or other website or service associated with MDS. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to MDS, for which monetary damages would be inadequate, and you consent to MDS obtaining any injunctive or equitable relief that MDS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MDS may have at law or in equity. You agree that MDS may, in its sole discretion and without prior notice, terminate your access to the MDS Site or a MDS Account, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the MDS Site or any service offered on or through the MDS Site, or (3) unexpected technical issues or problems. If MDS does take any legal action against you as a result of your violation of these Terms of Use, MDS will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to MDS. You agree that MDS will not be liable to you or to any third party for termination of your access to the MDS Site as a result of any violation of these Terms of Use. Governing Law & Jurisdiction; Dispute Resolution The MDS Site Conditions and all matters relating to your access to, or use of, the MDS Site and the Services, including all disputes, shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Chapter 88), without giving effect to any principles of conflicts of law. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore Courts, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You may not seek recovery for damages related to the use of the MDS Site. In any action to enforce or pertaining to these Terms of Use or the MDS Site, the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between MDS and you arising out of or in connection with your use of the MDS Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then the parties agree to submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue their claim under applicable law. Void Where Prohibited The MDS Site is owned and operated by MEDIC DRUGSTORE PTE LTD in Singapore. Although the MDS Site is accessible worldwide, MEDIC DRUGSTORE PTE LTD makes no representation that the Contents, Features, Products or Services discussed, referenced, provided or offered through or on the MDS Site are available to all persons or in all geographic locations, or appropriate or available for use outside Singapore. MDS reserves the right to limit, in its sole discretion, the provision and quantity of any Content, Feature, Product or Service to any person or geographic area. Any offer for any Content, Feature, Product or Service made on the MDS Site is void where prohibited. If you choose to access the MDS Site from outside Singapore, you do so on your own initiative and you are solely responsible for complying with applicable local laws, if and to the extent local laws are applicable. Miscellaneous You may not use, distribute, transmit, or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the MDS Site, in violation of any applicable laws or regulations, including without limitation Singapore export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and MDS with regard to your use of the MDS Site, and any and all other written or oral agreements or understandings previously existing between you and MDS with respect to such use are hereby superseded and cancelled. MDS will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. MDS’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by MDS of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between MDS and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. MDS may provide access to international data and, therefore, may contain references or cross references to MDS products, programs and services that are not announced in your country. Such reference does not imply that MDS intends to announce or provide such products, programs or services in your country. Feedback and Communications Any feedback you provide at this MDS Site shall be deemed to be non-confidential. MDS shall be free to use such information on an unrestricted basis. By transmitting such feedback or information, you grant to MDS the perpetual, royalty-free right and license to use such feedback or information without further obligation to you. When you visit the MDS Site or send emails or messages to us, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the MDS Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy all legal requirements that such communications be in writing. Further, by providing information to us, or by submitting a service request, you are requesting and expressly consent to being contacted by us via phone, fax, email, mail, or other reasonable means of communication, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial, or other applicable “Do Not Call” list, so that we may provide you with the services requested, to service your Account, to address matters pertaining to your Account, or for other purposes related to our business, including marketing.
